ILR query for Wife

[nikkyraj]

Hi There,

I have a few queries related to my wife's ILR, and any advice would be helpful.

1. We applied for her 2 yrs Spouse visa in India in Feb 2012, and she came to the UK in May 2012, while i was on ILR. she will be eligible to apply for ILR in may 2014. I have just became a british citizen a few days ago. I would like to know if she can apply for her naturalisation just after her ILR, as she will be married to a british citizen at the time of her ILR, or would she need to wait another 12 months and apply an year after her ILR ?

2. This new LIUK+ESOL requirement is another thing that is casuing a concern. I have heard from Oct 2013,the rules are changing and now people will have to pass a new LIUK+ESOL test before they can apply for ILR. As i said, my wife came to the UK in May 2012, and will be eligible for ILR in May 2014. Does this new rule effect her as well, and would she need to pass this new LIUK+ESOL test before she can apply for her ILR in may 2014 ?
If that is the case then there is a problem because she already booked her LIUK test about 1.5 months ago, and her test is next week. Would she need to cancel this test(im not sure if you can cancel it at this stage) ?
if she is unable to cancel this test and takes the test and passes it, would it be valid when she applies for her ILR in may 2014, as she would be expected to have the new LIUK+ESOL pass certificate ? And would she still need to sit another test for her ESOL requirement ?

PS: She was exempted from the english test when she applied for her spouse visa in India back in Feb 2012, as she did her Graduation in English from a University in India.

Any help would be appreciated.

Thanks

[vinny]

1. A spouse of a British citizen has to be in the UK for at least 3 years.
2. IMHO, passing the Life-in-the UK test taken next week should remain valid for ILR and naturalisation.

[nikkyraj]

Hi, thanks for your reply.

I was pretty sure that she would need to be here for 3 yrs (2 yrs spouse visa + 1 yr ILR) before she can apply for her Naturalisation, even though i am now a british citizen, but she kept going on about it, so thought i will double check.

2. Thanks for making this clear that the LIUK test taken next week would be sufficient for her ILR coming up in May 2014, but in that case, can you also confirm that will she still need to take a seperate ESOL test as well, cos the new rules say that anyone applying for settlement from Oct 2013, will need to pass the new LIUK and ESOL test, because will apply next year so she falls under this category.

Thanks for all your help again and patience.

[nikkyraj]

Update:

I called the HomeOffice to check the rules regarding the new Life in the UK+ESOL test requirement for Settlement from October 2013, and asked them how these changes are coming into effect, and would it have any effect on my wife's case. I also asked them if she sits her LIUK test just now, and does not apply for ILR till next year, would she need to sit an additional ESOL test as well or will her LIUK be sufficient.

Reply i got was "This new rule due to take effect from October 2013 regarding passing new ESOL and Life in the UK is not a rule yet. This is just a proposal which the Home Office has proposed, and it still has to passed by the Parliament before it can be put in place. Unless it is passed by the Parliament, and the guidance notes are prepared, it is hard to say what to do and what not to do. Until the home office team are given new guidence on the new rules, carry on as normal."

I am not sure if i have missed it anywhere on UKBA website a statement that said this thing is just a proposal and not a rule yet. So, let's just hope the Parliament scraps this new rule as well.

[Casa]

You mention that your wife's test is booked for next week, which suggests it will be before 25th March. Bear in mind tests taken or re-taken after the 25th will cover the new study material:
If you are taking your test before 25 March 2013, your test will be based on the Life in the UK Handbook (Second Edition).
If you are taking your test on or after 25March 2013, your test will be based on the Life in the UK Handbook (Third Edition).

Your wife will be able to apply for ILR 28 days before the 2nd anniversary of her arrival in the UK on her spouse visa. i.e on the relevant date in April 2014.

[nikkyraj]

Hi

Thanks for your reply. My wife is sitting her exam on 21st March, so she will be examined on the old handbook. However, the dilemma with the ESOL requirement still remains, which is kind of bugging her, because she wants to get this LIUK hurdle out her way for her ILR. Lets see what UKBA comes out with. Has anyone else heard anything else about this new LIUK+ESOL requirement from Oct '13 ?

[seanf]

She will need to pass an approved English language test at B1 level in addition to passing the Life in the UK test

From October 2013, all applicants for settlement will be required to pass the Life in the UK test and present an English language speaking and listening qualification at B1 level or above, unless they are exempt from the requirement to do so

http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

Sean

[babe_khyber]

She will need to pass an approved English language test at B1 level in addition to passing the Life in the UK test

From October 2013, all applicants for settlement will be required to pass the Life in the UK test and present an English language speaking and listening qualification at B1 level or above, unless they are exempt from the requirement to do so

http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

Sean

How about the naturalisation stage? the new rules is just for ILR or Naturalisation as well. I am also confused because my wife is passed esol entry 2 last year when is her application for ILR already in the home office at ILR stage she exemted esol and life in the uk test because she has dependent as refugee now we will be applying naturalisation after October 2013 I don`t know what can I do please if someone have some information then share us thx

[nikkyraj]

Hi

I was going through UKBA's Statement of Intent, and have found that

The following groups are considered automatically to meet the English language component of the
KoLL requirement and will not be required to show a formal speaking and listening qualification:
• Nationals of majority English speaking countries (Annex A).
• Those who have obtained a degree taught in English.
Both of these groups will, however, be required to pass the Life in the UK test to demonstrate
their knowledge of life in the UK.

The full Statement of Intent can be found here:
https://www.gov.uk/government/uploads/s ... t-koll.pdf

Needless to say, i am still a little bit confused with the never ending dilemmas.
As i said in my previous posts that my wife came to the UK In May 2012, and will be eligible for her ILR in May 2014. She has already passed her Life in The UK.

She has a Bachelor of Arts Degree from a University in India, which was taught in English. She used the same degree to prove her exemption to sit an English exam when she applied for her Spouse visa from India, and it was accepted.

My question are:
1. Can she use the same degree to claim her exemption again for ILR?
2. Degree is from a University in India, and not the UK. Is that Ok ?
3. Do we need to get it certified by UK NARIC ?
4. How do we actually prove that the degree was taught in English ? English is one of the subjects in her degree, and all her marksheets and the degree are in English.

Any help would be appreciated. Thanks.

[nikkyraj]

Hi

I was going through UKBA's Statement of Intent, and have found that

The following groups are considered automatically to meet the English language component of the
KoLL requirement and will not be required to show a formal speaking and listening qualification:
• Nationals of majority English speaking countries (Annex A).
• Those who have obtained a degree taught in English.
Both of these groups will, however, be required to pass the Life in the UK test to demonstrate
their knowledge of life in the UK.

The full Statement of Intent can be found here:
https://www.gov.uk/government/uploads/s ... t-koll.pdf

Needless to say, i am still a little bit confused with the never ending dilemmas.
As i said in my previous posts that my wife came to the UK In May 2012, and will be eligible for her ILR in May 2014. She has already passed her Life in The UK.

She has a Bachelor of Arts Degree from a University in India, which was taught in English. She used the same degree to prove her exemption to sit an English exam when she applied for her Spouse visa from India, and it was accepted.

My question are:
1. Can she use the same degree to claim her exemption again for ILR?
2. Degree is from a University in India, and not the UK. Is that Ok ?
3. Do we need to get it certified by UK NARIC ?
4. How do we actually prove that the degree was taught in English ? English is one of the subjects in her degree, and all her marksheets and the degree are in English.

Any help would be appreciated. Thanks.

Anyone ?